Chapter 299 Oregon Laws 2003

AN ACT

HB 2717

Relating to electrical installations; amending ORS 479.520, 479.530, 479.540, 479.610, 479.730, 479.760 and 479.820; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 479.520 is amended to read:

479.520. The purpose of the Electrical Safety Law is to protect the health and safety of the people of Oregon from the danger of electrically caused shocks, fires and explosions and to protect property situated in Oregon from the hazard of electrically caused fires and explosions. To accomplish this purpose the Legislative Assembly intends to provide a procedure:

(1) For determining where and by whom electrical installations are being made and where electrical products are sold in this state.

(2) To assure the public that persons making electrical installations in this state are qualified by experience and training.

(3) To assure the public that electrical installations [made and electrical products sold in this state] meet minimum safety standards and that electrical products meet electrical product safety standards.

(4) For the administration and enforcement of the Electrical Safety Law by the Department of Consumer and Business Services and the Electrical and Elevator Board.

(5) By which the cost of administering and enforcing the Electrical Safety Law is defrayed by the collection of fees in connection with the issuing of permits and electrical licenses and the collection of fines and civil penalties.

SECTION 2. ORS 479.530 is amended to read:

479.530. As used in ORS 479.510 to 479.945 and 479.995, unless the context requires otherwise:

(1) “Approved testing laboratory” means a testing laboratory that meets criteria for electrical product evaluation established by the Director of the Department of Consumer and Business Services with the approval of the Electrical and Elevator Board under ORS 479.730.

(2) “Board” means the Electrical and Elevator Board established under ORS 455.138.

(3) “Certified electrical product” means an electrical product that is certified under ORS 479.760 and that is not decertified.

(4) “Competent inspection service” means an electrical inspection service of a city or county administered under ORS 455.148 or 455.150 that employs electrical inspectors who are certified to meet standards under ORS 479.810.

(5) “Commercial electrical air conditioning equipment” means heating, cooling, refrigeration, dehumidifying, humidifying and filtering equipment used for climatizing or moving of air if used in commerce, industry or government and if installed in a place not accessible to the general public other than the switches regulating the operation of the equipment.

(6) “Department” means the Department of Consumer and Business Services.

(7) “Director” means the Director of the Department of Consumer and Business Services.

(8) “Dwelling unit” means one or more rooms for the use of one or more persons as a housekeeping unit with space for eating, living and sleeping and permanent provisions for cooking and sanitation.

(9) “Electrical installations” means the construction or installation of electrical wiring and the permanent attachment or installation of electrical products in or on any structure that is not itself an electrical product. “Electrical installation” also means the maintenance or repair of installed electrical wiring and permanently attached electrical products. “Electrical installation” does not include an oil module.

(10) “Electrical product” means any electrical equipment, appliance, material, device or apparatus to convey or be operated by electrical current.

(11) “Equipment” means any material, fittings, devices, appliances, fixtures, apparatus or the like that are used as part of or in connection with an electrical installation.

(12) “Field evaluation firm” means an independent organization that provides:

(a) Evaluations or testing, or both; and

(b) Documentation regarding compliance with electrical product safety standards and with the electrical installation safety code.

(13) “Industrial electrical equipment” means electrical products used in industry or government that utilizes electric energy for mechanical, chemical, heating, lighting or similar purposes, that is designed to service or produce a product and that is used directly in the production of the service or product. [“Industrial electrical equipment” does not include:]

[(a) Wiring to be connected to industrial electrical products.]

[(b) Any other electrical product that is not an original part of industrial electrical equipment.]

(14) “Installation label” means an adhesive tag issued by governmental agencies that administer the Electrical Safety Law to licensed electrical contractors for application to those minor electrical installations for which the board by rule determines to be appropriate for random inspections.

(15) “License” means an annual permit issued by the department under ORS 479.630 authorizing the person whose name appears as licensee thereon to act as an electrical contractor, supervising electrician, journeyman electrician, apprentice electrician or limited elevator journeyman as indicated thereon.

(16) “Minimum safety standards” means safety standards prescribed by concurrence of the board and the [department] director under ORS 479.730.

(17) “Multifamily dwelling” means a building containing more than one dwelling unit.

(18) “Oil module” means a prefabricated structure manufactured to the specifications of the purchaser and used outside this state in the exploration for or processing or extraction of petroleum products.

(19) “Permit” means an official document or card issued by the enforcing agency to authorize performance of a specified electrical installation.

(20) “Single family dwelling” means a building consisting solely of one dwelling unit.

(21) “Uncertified product” means any electrical product that is not an electrical product certified under ORS 479.760.

SECTION 3. ORS 479.540 is amended to read:

479.540. (1) Except as otherwise provided in this subsection, a person is not required to obtain a license to make an electrical installation on property that is owned by the person or a member of the person’s immediate family if the property is not intended for sale, exchange, lease or rent. The following apply to the exemption established in this subsection:

(a) The exemption established for a person under this subsection does not exempt the work performed by the person from having to comply with the requirements for such work under ORS chapter 455 or this chapter and rules adopted there under.

(b) If the property is a building used as a residence and is for rent, lease, sale or exchange, this subsection establishes an exemption for work on, alterations to or replacement of parts of electrical installations as necessary for maintenance of the existing electrical installations on that property, but does not exempt new electrical installations or substantial alterations to existing electrical installations on that property. As used in this paragraph, “new electrical installations or substantial alterations” does not include the replacement of an existing garbage disposal, dishwasher or electric hot water heater with a similar appliance of 30 amps or less, single phase, by a landlord, landlord’s agent or the employee of the landlord or landlord’s agent.

(2) An electrical contractor license is not required in connection with an electrical installation:

(a) Of meters and similar devices for measuring electricity by a person principally engaged in the business of generating or selling electricity in connection with the construction or maintenance of electrical lines, wires or equipment.

(b) Of ignition or lighting systems for motor vehicles.

(c) To be made by a person on the person’s property in connection with the person’s business.

(d) To be made by a public utility, telecommunications carrier as defined in ORS 133.721 or municipality for generation, transmission or distribution of electricity on property [which it] that the utility, carrier or municipality owns or manages.

(3) A person whose sole business is generating or selling electricity in connection with the construction or maintenance of electrical lines, wires or equipment, is not required to obtain a license to transform, transmit or distribute electricity from its source to the service head of the premises to be supplied thereby.

(4)(a) A person is not required to obtain a license for the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority and the person doing the repair or replacement is a member of the housing authority’s regular maintenance staff.

(b) A license is not required for:

(A) Temporary demonstrations;

(B) A street lighting system located on a public street or in a right of way if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems; or

(C) An outdoor transmission or distribution system, whether overhead or underground, if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems.

(c) For the purposes of this subsection, “qualified employee” means an employee who has registered with or graduated from a State of Oregon or federally approved apprenticeship course designed for the work being performed. The supervising electrician signature required under ORS 479.560 (1)(b) does not apply to contractors working under this subsection.

(5) The provisions of ORS 479.510 to 479.945 and 479.995 do not apply:

(a) To electrical products owned by, supplied to or to be supplied to a public utility as defined in ORS 757.005 or telecommunications carrier as defined in ORS 133.721;

(b) To electrical installations made by or for such a public utility or telecommunications carrier where the electrical installations are an integral part of the equipment or electrical products of such utility; or

(c) To any electrical generation plant owned or operated by a municipality to the same extent as a public utility or telecommunications carrier under paragraphs (a) and (b) of this subsection.

(6) A permit is not required:

(a) For the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority; or

(b) For the repair, alteration or replacement of existing electrical products or electrical installations authorized by ORS 479.560 (3) at an industrial plant, a commercial office building, a building that is owned, leased, managed or operated by the state or a local government entity or other facilities designated by the Electrical and Elevator Board when the owner, operating manager or electrical contractor of the facility meets the provisions of ORS 479.630 (1) and (2) and:

(A) Obtains a master permit for inspection under ORS 479.560 (3); or

(B) Obtains a master individual inspection permit under ORS 479.565.

(7) In cases of emergency in industrial plants, a permit is not required in advance for electrical installation made by a person licensed as a general supervising electrician, a general journeyman electrician or an electrical apprentice under ORS 479.630 if an application accompanied by appropriate fee for a permit is submitted to the Department of Consumer and Business Services within five days after the commencement of such electrical work.

(8)(a) A license or permit is not required for the installation or assembly of industrial electrical equipment by the duly authorized agents of the factory, vendor or owner.

(b) The license and permit exemptions of this subsection do not apply to activity in an area where industrial electrical equipment is installed in or enters a hazardous location or penetrates or enters a fire rated assembly or plenum rated assembly.

(c) As used in this subsection:

(A) “Duly authorized agents” means individuals trained by the factory or a vendor or by experience and who are knowledgeable in the operation, maintenance, repair and installation of industrial electrical equipment.

(B) “Installation or assembly” means the reassembly at a job site of equipment that is wired and assembled at the factory and then disassembled for shipping purposes or of existing equipment that is relocated. “Installation or assembly” does not include work involving field fabricated assemblies or any other electrical product that is not an original part of the industrial electrical equipment. “Installation or assembly” does not include the connection of industrial electrical equipment to a power source.

(9) A person is not required to obtain a license or permit to set in place and connect a certified electrical product as long as the work performed is not an electrical installation as defined in ORS 479.530.

(10) The provisions of ORS 479.510 to 479.945 and 479.995 do not apply to electrical installations involving:

(a) Communication and signal systems of railroad companies.

(b) Telephone terminal equipment and communications systems including all grandfathered or registered telephone terminal equipment and communications systems identified in the Federal Communications Commission rules and regulations, Volume X, part 68, and all terminal equipment and communications systems that are utilized in conjunction with private line communications services.

(c) Remote and permanent broadcast systems of radio and television stations licensed by the Federal Communications Commission if the systems are not part of the building’s permanent wiring.

(11)(a) The board may grant partial or complete exemptions by rule for any electrical product from any of the provisions of ORS 455.610 to 455.630 or 479.510 to 479.945 and 479.995 if the board determines that the electrical product does not present a danger to the health and safety of the people of this state.

(b) If the board grants an exemption pursuant to subsection (1) of this section, the board may determine that the product may be installed by a person not licensed under ORS 479.510 to 479.945 and 479.995.

(12) ORS 479.760 does not apply to products described in this subsection that comply with the [minimum electrical installation safety code] electrical product safety standards established by concurrence of the board and the Director of the Department of Consumer and Business Services as described under ORS 479.730. This subsection does not exempt any products used in locations determined to be hazardous in the electrical code of this state. The following apply to this subsection:

(a) Except as provided in paragraph (b) of this subsection, the exemption under this subsection applies to:

[(A) Industrial electrical equipment that is factory wired using separately certified components and is custom-made, limited produced or outside the scope, as determined by the Director of the Department of Consumer and Business Services, of the standards and requirements of Underwriters Laboratories, Canadian Standards Association or American National Standards Institute as in effect on October 23, 1999.]

[(B)] (A) The rotating equipment portion of power generation equipment.

[(C)] (B) Testing equipment used in a laboratory or hospital.

[(D)] (C) Commercial electrical air conditioning equipment.

[(E)] (D) Prefabricated work performed by an electrical contractor with licensed electrical personnel in the contractor’s place of business for assembly on the job site if the work is composed of parts that [are certified electrical products] meet the electrical product safety standards established by concurrence of the board and the director.

(b) Notwithstanding paragraph (a) of this subsection, the board may require any of the products described in paragraph (a) of this subsection to be subject to the certification requirements under ORS 479.760 if the board determines that the product or class of products has presented a fire or life safety hazard in use. A determination under this paragraph shall be effective as to any such product or class of products sold or offered for sale after the date of the determination becomes final. The board may reinstate any exemption removed under this paragraph if the board determines that the reasons for the removal of the exemption have been corrected.

(13)(a) ORS 479.610 does not apply to industrial electrical equipment unless the board determines that the product or class of products may present a fire or life safety hazard.

(b) The board may reinstate an exemption removed under this subsection if the product qualifies for reinstatement under:

(A) An equipment safety program approved by the board;

(B) Equipment minimum safety standards established by concurrence of the board and the director;

(C) An evaluation by an approved field evaluation firm;

(D) A listing from a nationally recognized testing laboratory;

(E) An evaluation of a first model of a product by the board; or

(F) Any other method approved by the board.

[(13)] (14) ORS 479.760 does not apply to electrical equipment that has been in use for one year or more and that is offered for sale.

[(14)] (15) A person who holds a limited maintenance specialty contractor license or a limited pump installation specialty contractor license issued under ORS 479.510 to 479.945 and 479.995 or a person who is the employee of such license holder and who is listed with the board as an employee is not required to have a journeyman license or supervising electrician’s license to perform work authorized under the person’s license.

[(15)] (16) A person is not required to obtain a permit for work on, alterations to or replacement of parts of electrical installations as necessary for maintenance of existing electrical installations on residential property owned by the person or by a member of the person’s immediate family. This subsection does not establish an exemption for new electrical installations or substantial alterations to existing electrical installations.

[(16)] (17) A permit is not required for those minor electrical installations for which the board has authorized an installation label.

[(17)] (18) A residential home, as defined in ORS 443.580, and an adult foster home, as defined in ORS 443.705, is not a multifamily dwelling and only electrical installation standards and safety requirements applicable to single family dwellings apply to such homes.

[(18)] (19) The permit requirements of ORS 479.550 and the license requirements of ORS 479.620 do not apply to cable television installations.

[(19)] (20) The provisions of any electrical products code or rule adopted pursuant to ORS 479.510 to 479.945 and 479.995 apply to cable and such products installed as part of a cable television installation.

[(20)] (21) As used in this section, “smoke alarm” shall have the meaning given that term under ORS 479.250.

SECTION 4. ORS 479.610 is amended to read:

479.610. Except as provided under ORS 479.540, [no] a person [shall] may not install, sell or dispose of an electrical product by gift or otherwise in connection with the person’s business [an electrical product that is not certified or evaluated under the requirements of ORS 479.510 to 479.945 and 479.995] unless the product is certified under ORS 479.760.

SECTION 5. ORS 479.760 is amended to read:

479.760. (1) An electrical product may not be certified unless [it] the product meets [minimum] electrical product safety standards established in rule by concurrence of the Electrical and Elevator Board and the Director of the Department of Consumer and Business Services.

(2) Any person may apply to have the Department of Consumer and Business Services certify an electrical product. The department shall certify an electrical product if [it] the product is shown to meet [minimum] electrical product safety standards by one of the following methods:

(a) An equipment safety program approved by the board;

(b) Equipment minimum safety standards established by concurrence of the board and the director;

(c) An evaluation by an approved field evaluation firm;

(d) A listing from a nationally recognized testing laboratory;

(e) An evaluation of a first model of a product by the board; or

(f) Any other method approved by the board.

[(a)] (3) To have an electrical product certified, a person may submit a specimen, sample or prototype to the department within a reasonable time before the date on which certification will be required, together with a fee set by the department sufficient to defray the cost of shipment and evaluation. The department shall evaluate the electrical product to determine whether [it] the product meets [minimum] electrical product safety standards. Not later than six months after receipt of a specimen, prototype or sample the department shall complete the required evaluation and give a decision certifying or rejecting the product. The department may appoint a special deputy or enter into an appropriate contract with a testing laboratory approved by the [Electrical and Elevator] board under this section for the evaluation required under this [paragraph] subsection.

[(b) To have an electrical product certified, a person may submit satisfactory proof to the department that a specimen, sample or prototype of the product requested to be certified has been inspected by a testing laboratory approved by the Electrical and Elevator Board under this section and the tests of the laboratory show that the electrical product is safe within minimum safety standards.]

[(3) A city or county that administers and enforces the electrical specialty code under ORS 455.148 or 455.150 shall provide for field inspections of industrial electrical equipment identified by rule by the Director of the Department of Consumer and Business Services. Inspections shall be performed by an electrical specialty code inspector certified by the director, an evaluation firm approved by the director or an electrical specialty code inspector under contract to the state, city or county. Subject to ORS 479.845, a city or county that administers a program for field inspections under this subsection may recover the costs associated with the inspection and any inspection report.]

[(4) The director shall consider the following as positive indicators of a product’s safety:]

[(a) Components listed by the Canadian Standards Association.]

[(b) Electrical raceways not used for grounding purposes when not subject to physical damage.]

[(c) Pilot duty devices such as push buttons, limit switches, relays or cord connectors that are used on control circuits supplied by:]

[(A) A Class 2 circuit;]

[(B) An isolating source such that the maximum open circuit voltage potential available to the circuit is not more than 30 volts AC or 42.5 volts DC; or]

[(C) An isolating source such that the power available to the circuit does not exceed 15 watts.]

[(d) Unlisted conductors provided the owner, lessee, vendor, manufacturer, installer or approved evaluation firm submits a satisfactory high voltage potential test of the conductor insulation.]

[(e) Fuses and fuse holders manufactured according to the National Electrical Manufacturers Association standard design and listed by an approved electrical testing laboratory.]

[(5)] (4) The director [of the Department of Consumer and Business Services] with the approval of the board [shall] may establish standards and procedures for the approval of testing laboratories to test electrical products in the certification process under this section. [Those procedures shall provide for the approval of any testing laboratory that meets those standards established for conducting scientific safety tests of electrical products and equipment.]

SECTION 6. ORS 479.730 is amended to read:

479.730. In compliance with ORS 183.310 to 183.550 the Director of the Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt reasonable rules:

(1) Establishing, altering or revoking minimum safety standards for workmanship and materials in various classifications of electrical installations.

(2) Establishing, altering or revoking [minimum] electrical product safety standards for design and construction of electrical products to be sold or disposed of in this state. The standards [established under this subsection may include] may allow the certification of electrical products that a testing laboratory approved by the director and the board under ORS 479.760 has tested and found to be safe within the [minimum] electrical product safety standards established under this [section] subsection.

(3) Relating to the procedure for certifying and decertifying electrical products to be sold or disposed of in this state. The Department of Consumer and Business Services, with the approval of the board, may limit the type of electrical products it accepts for certification under ORS 479.760 [(2)(a)] (3).

(4) Prescribing times, places and circumstances that permits shall be exhibited for inspection.

(5) Governing the internal organization and procedure for administering and enforcing ORS 479.510 to 479.945 and 479.995.

(6) Establishing, altering, approving or revoking minimum standards for electrical training programs.

(7)(a) Establishing which electrical products may be field evaluated by a field evaluation firm rather than certified;

(b) Establishing cost-based fees, requirements and procedures for approving, maintaining and suspending or revoking approvals of field evaluation firms;

(c) Establishing:

(A) Requirements and procedures for the field evaluation of electrical products;

(B) Requirements and procedures for issuing field evaluation labels for the electrical products evaluated by field evaluation firms, testing laboratories and special deputies; and

(C) Cost-based fees for special deputy evaluations;

(d) Establishing requirements and procedures for preparation of reports regarding installation safety issued by field evaluation firms;

(e) Establishing when an inspecting jurisdiction may require a report from a field evaluation firm; and

(f) Establishing other requirements necessary to carry out this subsection and subsection (8) of this section.

(8) Establishing a program to authorize special deputies to conduct field inspections provided for under subsection (7) of this section.

[(9) Establishing a program for cities and counties that administer and enforce the electrical specialty code to conduct field inspections of industrial electrical equipment identified under ORS 479.760 (3).]

SECTION 7. ORS 479.820 is amended to read:

479.820. (1) The Department of Consumer and Business Services shall:

(a) Check the authenticity, appropriateness and expiration dates of licenses issued under ORS 479.510 to 479.945 and 479.995.

(b) Inspect electrical installations and products for which a permit or license is required by ORS 479.510 to 479.945 and 479.995.

(c) Inspect permits attached to electrical installations or products for which a permit is required by ORS 479.510 to 479.945 and 479.995.

(2) If the department finds that the electrical installation or product fails to comply with minimum safety standards or electrical product safety standards, [it] the department may disconnect or order the disconnection of service thereto.

(3) If the department finds that the condition of an electrical installation or product constitutes an immediate hazard to life or property, [it] the department may cut or disconnect any wire necessary to remove such hazard or take corrective action as provided by rules adopted under ORS 479.730.

(4) Upon written request of appropriate municipal personnel, the department may make inspections of electrical installations and products within cities and counties. Such inspections shall be made at cost, in accordance with local municipal ordinances, payable on a monthly basis.

(5) For the purpose of discharging any duty imposed by ORS 479.510 to 479.945 and 479.995 or exercising authority conferred hereby the department may enter, during reasonable hours, any building, enclosure, or upon any premises where electrical work is in progress, where an electrical installation has been made or where electrical equipment or products may be located.

(6) [No] A person [shall] may not obstruct or interfere with the department in performance of any of [its] the department’s duties or the exercise of any authority conferred under this section.

SECTION 8. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor June 11, 2003

Filed in the office of Secretary of State June 11, 2003

Effective date June 11, 2003

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